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FEDEEAL  CONTEOL 


COMMERCE  AND  CORPORATIONS/^ 


COMPILED   UNDER  THE  DIRECTION  OF 

APPLETOX  PRENTISS  CLARK  GRIFFIN 

CHIEF     BIBLIOGRAPHER 


SECOND  ISSUE 
WITH  ADDITIONS 


WASHINGTON 

GOVERNMENT   PRINTINCJ    OFFICE 

1904 


PREFATORY  NOTE 


This  is  one  of  a  number  of  lists  upon  topics  of  current  interest  which 
have  been  compiled  to  meet  requests  by  letter.  So  far  as  it  could  be 
distributed  at  all  it  has  hitherto  been  distributed  in  typewritten  form. 
The  applications  have  become  so  numerous  that  it  has  now  been  reduced 
to  print,  so  as  to  be  available  for  more  general  distribution. 

*  It  has  no  claim  to  completeness,  nor  does  it  even  attempt  to  exhaust 

the  resources  of  this  Librar}"  on  the  subject.     Its  purpose  is  merely 

to  present  some  of  the  authorities  of  interest  to  the  general  inquirer. 

The  special  investigator  must,  of  course,  go  much  further. 

A.  P.  C.  Griffin 

Chief  Bihliog  raphe)' 
Herbert  Putnam 

Librarian  of  Congress 

Washington,  D.  C,  March  26,  1903 

*  Note. — This  issue  has  received  some  new  titles,  but  not  sufficient  to  change  the 
character  of  the  List  as  described  above.  It  consists  of  discussions  not  fundamental 
material. 

Washington,  D.  C,  October  18,  1904 


1 601 962 


LIST  OF   REFERENCES  ON   FEDERAL  CONTROL  OF  COMMERCE 
AND  CORPORATIONS 


Adams,  Brooks.     Legal  supervision  of  the  transportation  tax. 

{In  North  American  review,  vol.  179,  Sept.,  1904,  pp.  371-387.) 

Taxation  of  inter-state  commerce. 

{In  International  review,  vol.  10,  May,  1881,  pp.  428-436.) 

Adams,  Charles  Francis.     The  interstate  commerce  law. 

{In  Compendium  of  transportation  theories,  pp.  178-184.    Washing- 
ton, D.  C,  1893.     8°.) 

Adams,  Henry  C.     A  decade  of  federal  railway  regulation. 
{In  Atlantic  monthly,  vol.  81,  Apr.,  1898,  pp.  43.3-443.) 

The  federal  taxation  of  interstate  commerce. 

{In  American  monthly  review  of  reviews,  vol.  19,  Feb.,  1899,  pp. 
19.3-198.) 

Allen,  Charles  Claflln.     National  control  of  the  pollution  of  public 
waterways. 

{In  American  law  review,  vol.  38,  May-June,  1904,  pp.  321-333.) 

Ames,  Herman  V.,  ed.     State  documents  on  federal  relations:  the 
states  and  the  United  States,     nos.  1-4. 
Published  by  the  Department  of  history^  University  of  Penn- 
sylvania^ Philadelphia.,  1900-1902.     J^pphs.     12^. 

coNTEr^  JO. — 1.  Interpretation  of  the  Constitution  during  the  first  two 
decades  of  its  history,  1789-1809.     1900.     44  pp. 

2.  State  rights  and  the  War  of  1812.     1900.     44  pp. 

3.  The  reserved  rights  of  the  states  and  the  jurisdiction 

of  federal  courts,  1819-1832.     1901.     44  pp. 

4.  The  tariff  and  nullification,  182D-1833.    1902.    60  pp. 

Arnold,  B.  W.,^V.     Railroads  and  the  government. 

{In  Gunton's  magazine,  vol.  15,  Aug.,  1898,  pp.  125-133.) 

Baker,  A.  J.     Annotated  Constitution  of  the  United  States. 

Chicago:  Callaghan  and  company.,  1891.     Ixxxvii,  (1),  279 pp. 

' '  Regulation  of  commerce, ' '  pp.  19—42. 

5 


6  LIBRARY    OF    CONGRESS 

Bancroft,  George.     History  of  the  formation  of  the  Constitutiou  of 
the  United  Stjrfes  of  America. 

New  Yorl':  D.  Ajtphfon  and  comjxiny,  1882.     2  vols.     8^. 
"The  regulation  of  conimerce,"  pp.  136-153. 

Beck,  James  M.     The  federal  power  over  trusts. 

(/*/  American  academy  of  political  and  social  science.     Annals,  vol. 
24,  July,  1904,  pp.  87-110.) 

Bonney,  Charles  C.     The  relation  of  the  police  power  of  the  states  to 
the  commerce  power  of  the  nation.    Address,  Jan.  28, 1891. 
[Ill  Illinois  state  bar  association.     Proceedings,  14th  annual  meet- 
ing, pp.  75-80.     Springfield,  1891.     8°.) 

Same. 

{In  American  law  review,  vol.  25,  Mar.-Apr.,  1891,  pp.  159-169.) 

Report  on  proposed  act  of  Congress  for  the  regulation  of 

interstate  commerce. 

(In  American  bar  a.«sociation.     Keport  of  the  tenth  annual  meeting, 
pp.  332-344.     Philadelphia,  1887.     8°.) 

Boutrwell,  George  S.     The  Constitution  of  the  United  States  at  the 
end  of  the  first  century. 
Bosfo?} ,  U.  S.A.:  D.  C.  Heath  cb  co. ,  1895.    xviiL  U2 x>I>-    S^. 
"The  regulation  of  commerce,"  pp.  190-204. 

Bryce,  L.,  a))d  J.  J.  Wait.     The  railway  problem.     1.  The  legisla- 
tive solution.     2.  A  mercantile  view. 

{In  North  American  review,  vol.  164,  Mar.,  1897,  pp.  327-348.) 

Callender,  G.  S.     The  early  transportation  and  banking  enterprises 
of  the  states  in  relation  to  the  growth  of  corporations. 

{In  Quarterly  journal  of  economics,  vol.  17,  Nov.,  1902,  pp.  111-162.) 

Chittenden,  L.  C.    Interstate  commerce.    Argument  before  the  Com- 
mittee on  commerce,  House  of  Representatives,  Jan.  29, 
1884. 
{Washington:   Government  printing  offi.ce.,  188 Jt,.\    15  pp.    8^. 
Caption-title. 

Clayton,  Joseph  Culbertson.     Control  of  the  trusts.     Reflections  on 
the  existing  power  of  Congress  to  form  and  regulate  cor- 
porations affected  by  interstate  commerce  relations. 
{In  Albany  law  journal,  vol.  64,  Nov.,  1902,  pp.  379-384.) 

Cleveland,  F.  A.     The  financial  reports  of  national  banks  as  a  means 
of  public  control. 

{In  American  academy  of  political  and  social  science.     Annals,  vol. 

24,  July,  1904,  pp.  43-66.) 
One  of  a  series  of  articles  entitled  "The  government  regulation  of 
banks  and  trust  companies." 


LIST  OF  REFERENCES  ON  FEDERAL  CONTROL  Y 

Combinations  in  restraint  of  interstate  commerce:  Sherman  anti-trust 
act.  Triumph  of  the  sugar  trust  over  the  people  of  the 
United  States. 

(In  American  law  review,  vol.  29,  Mar.-Apr.,  1895,  pp.  293-306.) 

Conant,  Charles  A.  The  intervention  of  the  state  in  the  banking 
world. 

(In  Bankers'  magazine  (Xew  York),  vol.  65,  Sept.,  1902,  pp.  288- 
300. ) 

Constitutionality  of  state  regulations  of  interstate  commerce. 

[In  American  state  reports,  vol.  27,  Feb.,  1892,  pp.  547-568.) 

Constitutionality  of  the  Wilson  law. 

(7)1  American  law  review,  vol.  25,  Jan. -Feb.,  1891,  p.  107;  July- 
Aug.,  1891,  p.  651.) 

Cooley,  Thomas  M.     The  general  principles  of  constitutional  law  in 
the   United   States  of   America.     3d  ed.,   bv  Andrew  C. 
McLaughlin. 
Boston:  Little^  Brovjn^  and  company,  1898.     H,  (1),  Ji2S  pp. 
12^.     {The  students'  seines.) 

"Regulation  of  commerce,"  pp.  66-88. 

The  interstate  commerce  act.    Pooling  and  combinations  which 

affect  its  operation. 

{In  Compendium  of  transportation  theories,  pp.  242-250.     Wash- 
ington, D.  C,  1893.     8°.) 

Popular  and  legal  view  of  traffic  pooling. 

( In  Compendium  of  transportation  theories,  pp.  229-241.     Washing- 
ton, D.  C,  1893.     8°.) 

A  treatise  on  the  constitutional  limitations  which  rest  upon 

the  legislative  power  of  the  states  of  the  American  union. 
6th  edition,  with  large  additions,  giving  the  results  of  the 
recent  cases,  b}'  Alexis  C.  Angell. 
Boston:  Little.,  Brown.,  and  conijmny.,  1890.     xcviii,  885  pp. 

Regulation  of  commerce,  pp.  720-732. 

CuUom,  Shelby  M.     The  federal  control  of  railwavs. 

{In  Compendium  of  transportation  theories,  pp.  80-85.     Washing- 
ton, D.  C,  1893.     8°.) 

Curtis,  George  Ticknor.     Constitutional  history  of  the  United  States 
from  their  Declaration  of  Independence  to  the  close  of  their 
civil  war.     In  two  volumes. 
New  Ym^h:  Harper  cfe  brothers,  1889-1896.     2  vols.     8^. 
Regulation  of  commerce,  vol.  1,  pp.  500-502. 

Dabney,  W.  D.     The  public  regulation  of  railways. 

New  York  cfe  London:   G.  P.  Putnam's  sons,  1889.     v,  {!), 
281  'pp.     i^°.     {Questions  of  the  day^  no.  60.) 


8  LIMKAKV    OF    CONGRESS 

Dana,  AN'illiaiii  V.     Federal  restraints  upon  state  regulation  of  rail- 
road rates  of  fare  and  freight. 

(In  Harvard  law  review,  vol.  9,  Dee.  26,  1895,  pp.  324-345.) 

The  Supreme  court  and  the  Sherman  anti-trust  act. 

(In  Harvard  law  review,  vol.  16,  Jan.,  1903,  pp.  178-ia5.) 

Dill,  James  B.     National  incorporation  laws  for  trusts. 

(Jn  Yale  law  journal,  vol.  11,  April,  1902,  pp.  273-295.) 

[Din-widdie,  Pklwin  C]  State  control  of  interstate  liquor  traffic. 
Excerpts  from  hearing-  before  the  Committee  on  interstate 
conmierce  having  under  consideration  the  bill  to  limit  the 
effect  of  the  regulations  of  commerce  between  the  several 
states  and  with  foreign  countries  in  certain  cases. 
[Wa's/tifigtofi:  Goveni?netit pi-i7itmg  q^ce,  1904-]  15pp.  8^. 
{U.  S.  58th  Congress,  2d  session.  Senate  document  no.  168.) 
Arguments  of  Edwin  C.  Dinwiddle  and  Andrew  Wilson,  in  favor  of 
the  act. 

Dixon,  Frank  H.  State  railroad  control,  with  a  historv  of  its  devel- 
opment in  Iowa.  With  an  introduction  by  Henr}'  C. 
Adams. 
New  York:  Thomas  Y.  Crowell  c§  company.,  yi896\.  ix,  (i), 
251  pp.  Folded  table.  Folded  map.  12^.  {Library  of 
economics  and  politics,  vol.  9.) 
"Interstate  commerce,"  pp.  103-111. 

Donnelly,  John  C.     One  phase  of  federal  power  under  the  commerce 
clause  of  the  Constitution.     [Control  of  navigable  waters.] 
[hi  Michigan  law  review,  vol.  2,  May,  1904,  pp.  670-686.) 

Dos  Passos,  John  R.     The  interstate  commerce  act:  an  analysis  of 
its  provisions. 
JVew    York  (&   London:    G.  P.   Putnani\s  sons,  1887.     xiii, 
125  pp.     12^.     {Questions  of  the  day,  no.  38.) 

Dowling,  Henr^'  M.     Growth   of   federal   authority  over   interstate 
commerce. 

(//I  Albany  law  journal,  vol.  64,  Sept.,  1902,  pp.  311-319.) 

Dunbar,  William  H.     State  regulation  of  prices  and  rates. 

(In  Quarterly  journal  of  economics,  vol.  9,  Apr.,  1895,  pp.  .305-332.) 

Dunlap,  John  R,     Jeffersonian  democracy;  which  means  the  democ- 
racy of  Thomas  Jefferson,  Andrew  Jackson  and  Abraham 
Lincoln. 
Published  by  the  Jeffei^sonian  society.  New  York,  [1903].     {4), 
via,  {2),  4.79  pp.     Portrait.     8°. 

"The  regulation  of  inter-state  commerce,"  pp.  351-387. 


LIST  OF  EEFERENCES  ON  FEDERAL  CONTROL         9 

The  Elkins  bill  revised. 

{In  Eailway  age,  vol.  34,  Oct.  10,  1902,  pp.  359-360.)  - 
Text,  with  amendments,  of  the  bill  "to  enlarge  the  jurisdiction  and 
powers  of  the  Interstate  commerce  commission." 

Enuis,  Alfred.     Commerce:  intra.state  and  interstate;  its  regulations 
and  taxation. 

{In  Illinois  state  bar  association.  Proceedings,  12th  annual  meeting, 
pp.  48-53.     Springfield,  1889.     8°. ) 

Extension  of  federal  jurisdiction  over  state  canals. 

(//)  American  law  review,  vol.  37,  Nov.-Dec,  1903,  pp.  911-916.) 

Federal  control  of  corporations. 

{In  Railway  world,  vol.  48,  Apr.  16,  1904,  p.  443.) 

Fink,  Albert.     Argument  before  the  Committee  of  commerce  of  the 
House   of   Representatives   of   the   United   States,  on  the 
Reagan  bill,  for  the  regulation   of   interstate   commerce. 
Washington,  Jan.  U,  15,  16,  1880. 
JVeiv  J^oi'l':  Iiu)<iieUhrothers,  1880.     55  j)p-     8^. 

Reprinted  as  "The  railroad  problem  and  its  solution,"  New  York, 
1882. 

Argument  before  the  Committee  of  commerce  of  the  Senate 

I  of  the  United  States,  on  the  Reagan  bill,  for  the  regulation 

of  inter-state  commerce.     Washington,  February  11,  1879. 
New  Yorl,':  Eussell  brothers,  1879.     22  pp.     8'^. 

Mr.  Fink's  argument  before  the  House  Committee  on  commerce  in 
1882  is  printed  in  House  miscellaneous  document  no.  55,  47th 
Congress,  1st  session. 

Cost  of  railroad  transportation,  railroad  accounts,  and  gov- 

ernmental regulation  of  railroad  tariffs. 
Loxdsville,  \Ky.\:  J.  P.  Morton  &  co..^  1875.     1^.8 j^p-     8^. 

Extract  from  the  Annual  report  of  the  Louisville  &  Nashville  rail- 
road company.     Also  reprinted  in  New  York  in  1882. 

The  legislative  regulation  of  railroads. 

{In  Engineering  magazine,  vol.  9,  July,  1895,  pp.  623-634.) 

[Regulation  of  interstate  commerce  hj  Congress;  testimonj^ 

before  the  Select  committee  on  interstate  commerce  of  the 
Senate;  New  York,  Maj^  21,  1885.] 

(7n  U.  S.    49th  Congress,  1st  session.     Senate  report  no. '46,  pt.  2. 

Report  of  the  Senate  Select  committee  on  interstate  commerce. 

(Testimony),  pp.  89-126.     Washington,  1886.     8°.) 

Finkelnburg,  G.  A.     The  power  of  the  state  to  regulate  prices  and 
charges. 

{In  American  lawyer,  vol.  9,  Aug.,  1901,  pp.  381-385.) 

Fisher,  James  S.     Railroads  and  the  government. 

{In  American  journal  of  politics,  vol.  3,  July,  1893,  pp.  82-92.) 

5646—04 2 


-[{)  LIHKAKY    OF    CONGRESS 

Fisher,  Svdney  George.  The  evolution  of  the  Constitution  of  the 
United  States,  showing  that  it  is  a  development  of  progress- 
ive history  and  not  an  isolated  document  struck  off  at  a 
t'ivcn  time  or  an  imitation  of  English  or  Dutch  forms  of 
government. 
Philadelphnc  J.  B.  L'q?pincott  company^  1897.  398  2)P'  i^°. 
IJegnlation  of  commerce,  pp.  99,  225,  293,  311. 

Fouse,  L.  (f.     State  regulation  of  insurance. 

{In  American  academy  of  political  and  social  pcience.     Annals,  vol. 

24,  July,  1904,  pp.  67-83.) 
One  of  a  series  of  articles  entitled  "The  government  regulation  of 

banks  and  trust  companies." 

Freund,  Ernst.     The  police  power,  public  polic}^  and  constitutional 
rights. 
Chicago:   Callaghands  company.,  190 If..    xcii.^{2).,8192)J>.     8^. 

Gamer,  rJames  Wilford.     Four  years  of  anti-trust  activity:  a  review. 
{In  North  American  review,  vol.  179,  Sept.,  1904,  pp.  420-432.) 

Grovemment  control  of  wireless  telegraphy. 

{In  Bradstreet's,  vol.  32,  July  2,  1904,  pp.  418-419.) 

GrreeJey,  Louis  M.  What  is  the  test  of  a  regulation  of  foreign  or 
interstate  commerce  ? 

{In  Harvard  law  review,  vol.  1,  Nov.  15,  1887,  pp.  159-184.) 

Greenbaum,  Milton  D.  The  power  of  the  United  States  courts  to 
enjoin  persons  from  obstructing  interstate  commerce  and 
the  transportation  of  the  mails. 

{In  Chicago  legal  news,  vol.  30,  Aug.  28,  1897,  p.  2;  Sept.  4,  1897, 
p.  13;  Sept.  11,  1897,  p.  27;  Sept.  18,  1897,  p.  34;  Sept.  25,  1897, 
p.  39;  Oct.  2,  1897,  p.  46.) 

Hadley,   Arthur  T.     Railroad   transportation.     Its  historj'^  and    its 
laws. 
New  York  and  London:    G.  P.  PutnairCs  sons.,  1885.     -y,  269 
pp.     12^.     ■ 

The  workings  of  the  interstate  commerce  law. 

{In  Quarterly  journal  of  economics,  vol.  2,  Jan.,  1888,  pp.  162-187.) 
Hare,  .Tohn  Innis  Clark.     American  constitutional  law. 

Boston:  Little,  Brown.,  and  company.,  1889.     2  vols.     8°. 
"Regulation  of  commerce,"  pp.  427-503. 

Notes  of  a  course  of  lectures  on  American  constitutional  law 

delivered  in   the    law   department  of    the   University   of 
Penn.sylvania,  1884-85. 
^  I^hUadelphia:    University  of  Pennsylvania  press.,  1885.     xv, 
{1),  3^2,  18pp.     4^. 

"Regulation  of  commerce,"  pp.  272-325. 

See  also  "Review  and  summary,"  pt.  2,  pp.  1-18. 


LIST  OF  REFERENCES  ON  FEDERAL  CONTROL  ,  11 

Hart,  Albert  Bushnell.  Actual  government  as  applied  under  Ameri- 
can conditions. 

Longmans^    Green,  and  co.^  Neui    York,  [etc.],   1903.     xliv, 
599 'pp.     Plates.     Maps.     12"^. 

"Commercial  functions,"  pp.  481-5.34. 

Hartshorne,  F.  C.     The  railroads  and  the  commerce  clause. 

Philadelphia:  JJ^iiversity  of  Pennsylvania  2>'>"ess,  1893.     xxiii., 
leSjrp.     8^. 
Hastings,  William  Granger.     The  development  of  law  as  illustrated 
b}^  the  decisions  relating  to  the  police  power  of  the  state. 
[Philadelphut],  1900.     196  pp.     8'^. 

Eeprinted  from  Proceedings  of  the  American  pliilosophical  i^ot'iet_v, 
V.  39,  no.  163. 

Hening,  Crawford.  Interstate  commerce  commission  before  the  fed- 
eral courts. 

'{Ill  American  law  register,  vol.  31,  Mar.,  1892,  pp.  1.56-173.) 

Hering,  Rudolph,  Charles  G.  Darrach,  and  Francis  Colling-wood. 
The  control  of  non-navigable  streams  b}'  the  national  gov- 
ernment. 

{In  American  society  of  civil  engineers.  Proceedings,  vol.  28,  Aug., 
1902,  pp.  572-581.') 

Hines,  Walker  D,     Legislative  regulation  of  railroad  rates. 

{In  American  economic  association.  Publications,  3d  series,  vol.  4, 
pp.  84-103.     New  York,  1903.     8°.) 

The  President's  message  and  proposed  amendments  to  the 

interstate  commerce  act. 

[Zouisvillef  Ivy.,  1901  f]     19pp.     8=". 
Half-title. 

Holmes,  George  K.  State  control  of  corporations  and  industry  in 
Massachusetts. 

{In  Political  science  quarterly,  vol.  5,  Sept.,  1890,  pp.  411-437.) 

Hoist,  Hermann  Eduard  von.  The  constitutional  and  political  history 
of  the  United  States.  Translated  from  the  German  by 
John  J.  Lalor. 

Chicago:    Callaghan  and  company,  1876-1892.     8  vols.     8°. 

HoTves,  Osborne.     Government  monopoly  vs.  private  competition. 

{In  Quarterly  journal  of  economics,  vol.  2,  Apr.,  1888,  pp.  353-.361.) 

HoTvland,  William  R.     The  police  power  and  interstate  commerce. 

{In  Harvard  law  review,  vol.  4,  Oct.  15,  1890,  pp.  221-233.) 

HuScut,  Ernest  W.  Constitutional  aspects  of  the  federal  control  of 
corporations. 

{In  United  States.  Industrial  commission.  Reports,  vol.  1,  pp. 
1211-1219.     Washington,  1900.     8°.) 

Reprinted  in  the  Commission's  reports,  vol.  19,  pp.  712-722.  Wash- 
ington, 1902.     8°. 


12  LIBRARY    OF   CONGRESS 

Huffcut,  Hniost  W.     How  Conoross  iiiuy  control  trusts. 

( In  Independent,  vol.  54,  Dec-.  11,  1902,  pp.  2927-2930.) 
Humes,  Au«,nistiiio  L.     The  power  of  Congress  over  combinations 
affect in*^-  interstate  commerce. 

{In  Harvard  law  review,  vol.  17,  Dec,  1903,  pp.  83-103.) 

James,  Edniund   .1.      The   agitation   for   the   federal   regulation   of 
railways. 

(In  American  economic  association.  Publications,  vol.  2,  no.  3,  pp. 
244-29.5.     Baltimore,  1888.     8°.) 

Jenks,  Jeremiah  W.     How  Congress  ma}^  control  trusts. 

{In  Outlook,  vol.  72,  Dec.  13,  1902,  pp.  880-884.) 
Johnson,  Emory  R.     The  principles  of  government  regulation  of  rail- 
roads. 

{In  PoliticHl  science  quarterly,  vol.  15,  Mar.  1900,  pp.  37-49.) 

Kilbum,  Frederick  D.     Control  and  supervision  of  trust  companies. 
(In  American  academy  of  political   and   social   science.     Annals, 

vol.  24,  July,  1904,  pp.  27-42. ) 
One  of  a  series  of  articles  entitled  "The  goverimient  regulation  of 

banks  and  trust  companies." 

Kirkman,   Marshall   M.      Railway   rates   and   government  control. 
Economic  questions  surrounding  these  subjects. 
'     Chicago  and  JVeiv   York:  Rand,  McNally  dc  co.,  1892.     354- 
pp.     8^. 

Knapp,  Martin  A.     Government  regulation  of  railroad  rates. 

{In  New  York  state  bar  association.  Proceedings,  1895,  pp.  93-104. 
New  York,  1895.     8°.) 

Knoz,  Philander  C.     The  commerce  clause  of  the  Constitution  and  the 
trusts.     An  address  delivered  before  the  Chamber  of  com- 
merce, Pittsburg,  Pa.,  on  October  14,  1902. 

{In  United  States.  Attorney-general.  Reply  dated  January  3, 1903, 
to  a  communication  from  the  Committee  on  the  judiciary.  United 
States  Senate.  Sherman  anti-trust  law,  pp.  37-50.  Washington, 
1903.    57th  Congress,  2d  session.  Senate  doc.  no.  73. ) 

Langstroth,  Charles  S.,  a7id  Wilson  Stilz.  Railway  co-operation; 
an  investigation  of  railway  traffic  associations  and  a 
di-scussion  of  the  degree  and  form  of  co-operation  that  should 
be  granted  competing  railways  in  the  United  States.  With 
an  introduction  by  Martin  A.  Knapp. 
Philaddphia:  PuUished  for  the  University.,  1899.  xv.,  210 
jfp.  8^.  {Piddications  of  the  University  of  Pemisylvania. 
Series  in  political  economy  and  puhlic  law.,  no.  15.) 
Legislation  and  its  results,  pp.  55-78. 

Lewis,  Charlton  T.     The  scope  and  limits  of  congressional  legislation 
against  the  trusts. 

{In  American  academy  of  political  and  social  science.  Annals, 
vol.  24,  July,  1904,  pp.  111-122.) 


LIST  OF  EEFERENCES  ON  FEDERAL  CONTROL        13 

Levtris,  George  H.      Natioiiiil  consolidation  of  the  railways  of  the 
United  States. 
New  Yorh:  Dodd,  Mead  (Sb  com;pany^  189S.     xv^  (1),  326  pp. 

Lewis,  John.  Power  of  state  to  tax  or  impose  conditions  upon  for- 
eign corporations  engaged  in  interstate  commerce. 

{In  American  railroad  and  corporation  reports,  vol.  7,  pp.  742-746. 
Chicago,  1893.     8°. ) 

Le-wis,  William  Draper.     The  federal  power  over  commerce  and  its 
effect  on  state  action. 
jP/ii/adeljjhia:    University  of  Pennsylvania  press^  1892.     II^B 
pp.     5^. 

"  To  trace  the  development  of  these  constitutional  ideas  as  set  forth 
in  the  opinions  of  the  Federal  courts  is  a  most  interesting  and 
instructive  study,  as  one  will  find  by  reading  the  monograph 
before  us." 
Not  in  the  Library  of  Congress.  The  work  is  out  of  print  and  the 
Library  has  been  unable  to  secure  a  copy. 

The  standing  of  the  Interstate  commerce  commission  before 

the  federal  courts. 

(7/1  American  law  register,  vol.  32,  ]VIar. ,  1893,  pp.  272-278.) 

Lisle,  R.  Mason.     The  original  package  case. 

{In  American  law  review,  vol.  24,  Nov.-Dec,  1890,  pp.  1016-1026.) 

Logan,  Walter  S.  Interstate  commerce  and  the  Constitution.  Ad- 
dress before  the  Rhode  Island  bar  association,  December  1, 
1902. 

{In  Rhode  Island  bar  association.  Proceedings,  5tli  annual  meet- 
ing, pp.  5-27.     Providence,  1903.     8°.) 

National  incorporation  and  control  of  corporations. 

{hi  American  law  review,  vol.  37,  Mar.-Apr.,  1903,  pp.  237-254.) 

McClain,  Emlin.     Federal  protection  against  state  power, 

{In  Harvard  law  review,  vol.  6,  Mar.  15,  1893,  pp.  405-409. ) 

A  selection  of  cases  on  constitutional  law. 

Boston:  Little,  Brown.,  and  contixmy^  1900.     xxxi,  (1),  1080 

pp.     8^. 

"Regulation  of  commerce:"  o.  "Extent  of  federal  power,"  pp. 
235-273;  h.  "  Validity  of  state  regulation;"  1.  "Local  i)rovisions; 
Control  of  harbors,  bridges,  dams,  and  ferries,"  pp.  273-302; 
2.  "Taxation  of  commerce,"  pp.  303-354;  3.  "  Exercise  of  police 
power,"  pp.  355-401;  c.  "Federal  tax  on  exports,"  pp.  402-404; 
d.  "State  tax  on  imports  or  exports,"  pp.  404-408;  e.  "State 
tax  on  tonnage,"  pp.  409-422. 

McDermott,  Allan  L.     Federal  control  of  corporations  engaged  in 
interstate  business. 

{In  Bankers'  magazine  (New  York),  vol.  68,  Mar.,  1904,  pp. 
327-330. ) 


14  LIKRARY    OF    CONORESS 

McLean,  Simon   .1.     Federal   regulation   of   railway's    in  the  United 
States. 

(In  Economic  journal,  vol.  10,  June,  1900,  pp.  157-171.) 

State  regulation  of  railways  in  the  United  States. 

{In  Economic  journal,  vol.  10,  Sept.,  1900,  pp.  349-.369.) 

Marshall,  Charles  C.      State   police  powers  and   federal   property 
guarantees. 

{In  Columbia  law  review,  vol.  4,  Mar.,  1904,  pp.  158-170.) 

Marshall,  John.    Complete  constitutional  decisions;  edited,  with  anno- 
tations historical,  critical  and  legal,  b}-  John  M.  Dillon. 
Chicago:     Callaghan  c5   company^    1903.     ;ri^    (i),    799  2>P- 
Frontispiece  {portrait).     Facsimiles.     8^. 

Federal  jurisdiction  over  corporations.  Bank  of  the  United  States  v. 
Deveaux,  pp.  166-179;  The  national  supremacy  over  foreign  and 
interstate  commerce,  Gibbons  v.  Ogden,  pp.  421-467;  State  laws 
taxing  the  franchises  or  functions  of  federal  instrumentalities  un- 
constitutional, Osborn  and  others  r.  Bank  of  the  United  States, 
pp.  468-511;  Constitutional  scope  of  federal  judicial  power  over 
corporations  in  which  a  state  is  interested,  Bank  of  the  United 
States  V.  Planters'  Bank,  pp.  512-519;  Paramount  power  of  Con- 
gress to  regulate  commerce,  Brown  r.  ]Maryland,  pp.  520-548;  The 
power  of  Congress  to  regulate  commer(!e  extends  as  well  to  navi- 
gation and  vessels  as  to  cargoes.  Brig  Wilson  v.  United  States,  pp. 
736-740. 

Mason,  J.  W.     Governmental  ownership  of  railroads. 

(7)1  American  journal  of  politics,  vol.  2,  Apr.,  1893,  pp.  .355-375.) 

Mather,  Robert.     Constitutional    construction    and    the    commerce 
clause. 

{In  American  bar  association.  Report  of  the  twentieth  annual 
meeting,  pp.  279-305.     Philadelphia,  1897.     8°.) 

Miller,  Samuel  Freeman.     Lectures  on  the  Constitution  of  the  United 
States.     Edited  with  notes,  by  J.  C.  Bancroft  Davis. 
New  York  and  Albany:  Banks  and  hrothers.  1893.     asxi,  (i), 
765  pp.     5^. 

"Regulation  of  commerce,"  pp.  394-403,  433-484. 

Miller,  Shackelford.     The  latest  phase  of  the  original  package  doc- 
trine. 

{In  American  law  review,  vol.   35,  May-June,  1901,  pp.  364-382.) 

Murfree,  William  L.     Federal  jurisdiction  of  corporations  as  "citi- 
zens." 

{In  Central  law  journal,  vol.  36,  Apr.  21,  1893,  pp.  333-338.) 

National  incorporation  as  a  panacea. 

{In  Commercial  &  financial  chronicle,  vol.  79,  Julv  2,  1904,  pp. 
75-77.) 


LIST    OF    REB'ERENCES    ON    FEDERAL    CONTROL  15 

Nelson,  H.  L.     Growth  of  federal  power  in  the  United  States. 

{In  Harper's  magazine,  vol.  85,  July,  1892,  pp.  240-250.)   • 

Nimmo,  Joseph,   ;'/'.     The  American  railroad  system  and  the  trust 
question.     A  discussion  of   the  political,  commercial  and 
economic  aspects  of  the  subject.     October  14,  1902. 
Washington,    D.    C. :   The  Dar'hy  printing   corajjany^    190^. 

A  commercial  and  political  danger.     Review  of  the  fifteenth 

annual  report  of  the  Interstate  commerce  commission  and  of 

the  policy  pursued  by  the  commission  from  the  beginning. 

{Washington?  190^. 'X     UjW-     ^'• 

The  interstate  commerce  act,  pp.  14-17. 

Pooling  and  governmental  control  of  the  railroads.     Decem- 

ber 26,  1888. 
Washington:   Gibson  hros.^  1888.     11pp.     8^.     {The  relation 
of  the  railroads  to  the  pxiblic  interests.,  no.  1. ) 

The  regulation  of   commerce  through  a  dispensing  power. 

Efforts  of   the  Interstate  commerce  commission   to   gain 
autocratic  control  of  the  internal  commerce  of  the  United 
States.     The  political  aspects  of  the  question. 
Washington.,  D.  C:   The  Rufus  H.  Darhy  publishing   co.., 
1903.     51pp.     5^. 

"This  document  in  a  somewhat  extended  and  revised  form,  will 
constitute  one  or  more  chapters  of  a  volume  which  Mr.  Nimmo 
has  in  course  of  preparation  on  The  problem  of  the  American 
railroad  system." 

Noyes,  Walter  Chadwick.     A  treatise  on  the  law  of  intercorporate 
relations. 
Boston:  Little.,  Brown.,  and  company.,  1902.     xlviii.,  70S  pp. 
8-. 

' '  Federal  anti-trust  statute  " :  "  The  statute  and  its  constitution- 
ality," pp.  546-553;  "Construction  and  application  of  federal 
statute,"  pp.  554-577;  "Rights,  remedies,  and  procedure  under 
federal  statute,"  pp.  578-587. 

Ordronaux,  John,     Constitutional   legislation  in  the  United  States; 
its  origin,  and  application  to  the  relative  powers  of  Con- 
gress, and  of  state  legislatures. 
Philadelphia:  T.  &  J.  W.  Johnson  dk  co..,  1891.     •y^,  696  pp. 

8^. 

The  "Original  package"  case. 

{In  American  law  review,  vol.  24,  May-June,  1890,  pp.  474—478; 
July-Aug.,  1890,  pp.  678-685;  Nov. -Dec,  1890,  pp.  988-993.) 


1(5  LIBKARV     OK    CONGRESS 

Parsons,  Fi-ank.     Private  nionopol}-  in  transportation  contrasted  with 
piil)lic  ownership  and  cooperative  operation. 

(Jn  ITnited  States.     Industrial  coinniiHsioii.     Reports,  vol.  9,   pp. 
xxxvi-xlvil,  123-193,  883-890.     Washington,  1901.     8°.) 

Paschal,  George  AV.     The  Constitution  of  the  United  States  defined 
and  cait'fully  annotated.     With  an  appendix,  supplement, 
and  index  thereto.     [3d  ed.] 
Washington,  T).  C. :   W.  IT.  Morrison^  1882.     aw,  axa-xxc^  (/), 
\xxi\-lxv'ii^  6Jf.Jf.pp.     8°. 
"Commerce,"  pp.  105-110. 

Patterson,  Charles  Stuart.     The  "original  package"  case. 

{In  American  academy  of  political  and  social  science.     Annals,  vol. 
1,  Oct.,  1890,  pp.  192-?02.) 

The  United  States  and  the  states  under  the  constitution. 

Philadelphia:   T.  &  J.  TT  Johnson  d;  co.^  1888.     xxxi,  (i), 
290  pp.     8^. 

"The  regulation  of  commerce,"  pp.  38-144. 

Pepper,  George  Wharton.     Irregular  associations. 

(In  American  law  register,  vol.  52,  July,  1904,  pp.  409-437.) 

Pingrey,  D.  H.     Government  partnership  with  corporations. 

{In  Chicago  legal  news,  vol.  27,  June  22,  1895,  p.  .367.) 

Pomeroy,  John  Norton.     An  introduction  to  the  constitutional  law 
of  the  United  States.     Especially  designed  for  students, 
general  and  professional. 
Me^v  Yorlc:  PiMished  hy  Hard  and  Houghton.  1870.     xxiv, 
2,  5Jf9  pp.     8°. 

"The  power  to  regulate  commerce,"  pp.  205-248. 

Prentice,  Ezra  Parmalee.     The  origin  of  the  right  to  engage  in  inter- 
state commerce. 

(In  Harvard  law  review,  vol.  17,  Nov.,  1903,  j)p.  20-40.) 
State  monopolies  of  inter-state  commerce. 

{In  North  American  review,  vol.  178,  Apr.,  1904,  pp.  499-511.) 

Prentice,  PLzra  Parmalee,  and  John  Garret  Egan.     The  commerce 
clause  of  the  federal  constitution. 
Chicago:  Qdlaghandi  company.^  1898.     lxxv,{l).,386pp.    8°. 
The  federal  anti-trust  law,  pp.  317-.337. 

Prouty,  Charles  A.     National  regulation  of  railways. 

{In  American  economic  association.     Publications,  3d  series,  vol.  4, 
pp.  71-83.     New  York,  1903.     8°.) 

[Ramsay,  David.]  An  enquiry  into  the  constitutional  authority  of 
the  Supreme  federal  court,  o\-er  the  several  states,  in  their 
political  capacity.  Being  an  answer  to  Observations  upon 
the  government  of  the  United  States  of  America:  bj^  James 
Sullivan,  esq.,  attorney-general  of  the  state  of  Massachu- 
setts. By  a  citizen  of  South-Carolina. 
Charleston:^  Printed  hy  W.  P.  Yomig,  1792.  Jf9  pp.  8°. 
Signed:  Hortensius. 


LIST    OF    EEFERENCES    ON    FEDERAL    CONTROL  l7 

Randolph,  Carman  Fitz.     Considerations  on  the  state  corporation  in 
federal  and  interstate  relations;    the  Northern  securities 
cases. 
\New  Yorh,  1903.1     77  pp.     8°. 
Cover-title. 
From  the  Columbia  law  review,  v.  3,  noa.  3-5. 

Richardson,  R.  L.     Government  ownership  of  railroads. 

{In  Canadian  magazine,  vol.  15,  Sept.,  1900,  pp.  404-409;  Oct.,  1900, 
pp.  531-536;  Nov.,  1900,  pp.  60-66;  Dec,  1900,  pp.  164-171.) 

Ridgely,  William  Barret.  Government  control  of  banks  and  trust 
companies. 

{In  American  academy  of  political  and  social  science.    Annals,  vol. 

24,  July,  1904,  pp.  17-26. ) 
One  of  a  series  of  articles  entitled  ' '  The  government  regulation  of 

banks  and  trust  companies." 

Rorer,  David.  American  interstate  law.  Second  edition  by  Charles 
E.  Estabrook. 

Chicago:  Callaghan  and  company .,  1893 .    Ixv .,{!).,  508 pp.    8^. 
Russell,  Alfred.     Congress  should  abrogate  federal  jurisdiction  over 
state  corporations. 
{In  Harvard  law  review,  vol.  7,  Apr.  25,  1893,  pp.  16-23.) 

Sammis,  L,  Walter.  The  relation  of  trust  companies  to  industrial 
combinations,  as  illustrated  by  the  United  States  shipbuild- 
ing company. 

{In  American  academy  of  political  and  social  science.    Annals,  vol. 

24,  July,  1904,  pp.  239-270. ) 
One  of  a  series  of  articles  entitled  ' '  The  government  regulation  of 
banks  and  trust  companies." 

Sanborn,  John  Bell.     Congressional  grants  of  land  in  aid  of  railways. 
Madison^  1899.     130  pp.    8°.    {Bulletin  oj^  the  University  of 
Wisconsin,  no.  30.) 

Federal  control  of  corporations. 

{In  American  law  review,  vol.  37,  Sept.-Oct.,  1903,  pp.  703-712.) 

Schouler,  James.     Constitutional  studies,  state  and  federal. 

Neio  York:   Dodd,  Mead  and  company.^  1897.     xii.,  332  pp. 

Regulation  of  commerce,  pp.  121-127. 

Sedgvrick,  A.  G.     Ten  years  of  federal  railway  regulation.  - 

{In  Nation,  vol.  66,  Mar.  24,  1898,  pp.  219-220.) 

Seligman,  Edwin  R.  A.  Government  ownership  of  quasi-public  cor- 
porations. 

{In  Gunton's  magazine,  vol.  20,  Aug.,  1901,  pp.  305-322.) 

Railway  tariffs  and  the  interstate  commerce  law. 

{In  Political  science  quarterly,  vol.  2,  June,  1887,  pp.  223-264;  Sept., 
1887,  pp.  369-413. ) 


18  LIKKAKY    OF    CONGRESS 

Shippen,  Joseph.     Original  packages  and  prohibition. 

{In  Chautauquan,  vol.  11,  July,  1890,  pp.  456-460.) 

Shoemaker,  Herbert  B.     Federal  power  to  regulate  interstate  com- 
merce and  the  police  powers  of  the  states. 

(In  American  law  review,  vol.  29,  Jan. -Feb.,  1895,  pp.  59-72.) 

Snyder,  William  L.  The  interstate  commerce  act  and  federal  anti- 
trust laws,  including  the  Sherman  act;  the  act  creating  the 
Bureau  of  Corporations;  the  Elkinsact;  the  act  to  expedite 
.suits  in  the  federal  courts;  acts  relating  to  telegraph,  mili- 
tary, and  post  roads;  acts  affecting  equipment  of  cars  and 
locomotives  of  carriers  engaged  in  interstate  commerce, 
with  all  amendments.  With  comments  and  authorities. 
JVeio  Yorl':  BaJcei\  Yoorhis  db  company^  190 Jf..  xxiii,  {!), 
380  2)p.     Map.     8-. 

Stickney,  A.     State  control  of  trade  and  commerce  by  national  or 
state  authority. 
JVi??/'  Yorl::  Bnke7\  Voorhis  <&  compa77j/,  1898.     202  pip.     8^. 

Stimson,  F.  J.     Regarding  legislation  as  to  industrial  combinations. 
{In  United  States.     Industrial  commission.     Reports,  vol.  19,  pp. 
686-711.     Washington,  1902.     8°.) 

Story,  Joseph.     Commentaries  on   the  Constitution   of   the    United 
States:  with   a  preliminary  review  of   the  constitutional 
histor}'  of  the  colonies  and  states  before  the  adoption  of 
the  constitution.     5th  ed.,  by  Melville  M.  Bigelow. 
Boston :  Little.,  Brown^  and  eomjyany.,  1891.     2  vols.     8^. 
"Power  to  regulate  commerce,"  vol.  2,  pp.  2-44. 

Sutherland,  William  A.     Notes  on  the  Constitution  of  the  United 
States;  showing  the  construction  and  operation  of  the  con- 
stitution as  determined  by  the  Federal  supreme  court. 
San  Francisco:  Bancroft -AYJdtneif  company.,  190 If,.     ,"«.%  (i), 
97Spp.     <§°. 

Regulation  of  commerce,  pp.  95-152. 

Teisberg,  A.  K.     Report  of  the  Committee  on  government  ownership, 
control,  and  regulation  of  railways. 

{In  United  States.  Interstate  commerce  commission.  Proceedings 
of  a  national  convention  of  railroad  commissioners,  May  19  and 
20,  1896,  pp.  66-78.     Washington,  1896.     8°.) 

The  report  is  also  signed  by  Isaac  B.  Brown  and  Oliu  ^lerrili,  ami 
is  followed  by  a  minority  report  signed  by  S.  O.  Wilson. 

Thayer,  Joseph  Bradley.     Cases  on  constitutional  law.     W^ith  notes. 
Cambridge:    Charles  W.  Sever,  1895.     2  vols.     8^. 

Cases  on  "the  regulation  of  commerce — foreign,  interstate,  and  with 
the  Indian  tribes,"  vol.  2,  pp.  178.3-2190.  Limits  of  state  and 
national  authority  discussed  in  a  note,  vol.  2,  pj).  2190-2191. 


LIST    OF    KEFERENCES    OX    FEDERAL    CONTROL  19 

Thompson,  Sej-mour  D.  Federal  jurisdiction  in  case  of  corporations: 
proposed  act  of  Congress  to  restore  the  earl\'  rule  on  this 
subject. 

(In  American  law  review,  vol.  29,  Xov.-Dec,  1895,  pp.  864-877.) 
Thorpe,  Francis  N.     The  constitutional  history  of  the  United  States. 
Chicago:    Callahan  cj6  company^  1901.     3  vols.     5°. 
Regulation  of  commerce,  vol.  2,  pp.  254-255. 

Tiedeman,  Christopher  G.     A  treatise  on  state  and  federal  control  of 
persons  and  property  in  the  United  States,  considered  from 
both  a  civil  and  criminal  standpoint. 
St.  Louis:     The  F.  H.  Thomas  lain  hool  co. ,  1900.    2  vols.    8°. 
Contexts. — Scope  of  the  Government  control  and  regulation  of  per- 
sonal rights;  Government  regulation  of  personal  security;  Personal 
liberty;  Government  control  of  criminal  classes;  The  control  of 
dangerous  classes,  otherwise  than  by  criminal  prosecution;  Regula- 
tions of  the  rights  of  citizenship  and  domicile;  State  regulation  of 
morality  and  religion;  Freedom  of  speech  and  liberty  of  the  press; 
Regulation  of  trades  and  occupations;  State  regulation  of  real 
property ;  State  regulation  of  personal  property ;  State  regulation  of 
the  relation  of  husband  and  wife;  State  regulation  of  the  relation  of 
parent  and  child,  and  of  guardian  and  ward;  Police  regulation  of 
the  relation  of  master  and  servant;  Police  regulation  of  corpora- 
tions; The  location  of  police  power  in  the  Federal  system  of  gov- 
ernment. 

ToTviiley,  Morris  M.     What  is  the  original  package  doctrine? 

(In  American  law  review,  vol.  35,  Sept.-Oct.  1901,  pp.  669-683.) 

Tucker,  John  Randolph.  Congressional  power  over  inter-state  com- 
merce. 

{In  American  bar  association.     Report  of  the  eleventh  annual  meet- 
ing, pp.  247-277.     Philadelphia,  1888.     8°.) 

■ —      Sa77ie. 

{In  Railroad  and  corpoi-ation  law  journal,  vol.  4,  Sept.  29,  1888,  pp. 
290-298. ) 

The  Constitution  of  the  United  States.     A  critical  discussion 

of  its  genesis,  development,  and  interpretation.     Edited  by 
Henry  St.  George  Tucker. 
Chicago:    Callaghan  ck  co.,  1899.     2  vols.     8°. 
"The  power  over  commerce,"  vol.  2,  pp.  519-558. 

Uhle,  John  B.     The  law  governing  an  original  package. 

{In  American  law  register,  n.  s.,  vol.  29,  July-Aug.,  1890,  pp.  409- 
483;  Nov.,  1890,  pp.  721-765;  Dec,  1890,  pp.  797-8.38.) 

United  States.  Congress.  House.  Committee  on  interstate  and 
foreign  commerce.  Hearings  before  the  Committee  .  .  . 
[April  8-June  17  and  February  4,  1902]  on  the  bills  to 
amend  the  interstate  commerce  law  (H.  R.  146,  273,  2040, 
5775,  8337,  and  10930). 
Washington.:  Government  printing  office.,  1902.  573  pp.  8^. 
Runninj;  title:  Interstate-commerce  law. 


20  LIBRARY    OF    CONC^RESS 

United  States.  Congress.  Senate.  Select  committee  on  interstate 
eoinmerce.  Report.  Submitted  to  the  Senate,  January 
IS,  18S6. 
Washington:  Government  jjrintlng  office^  1886.  2  vols.  8°. 
{Jf9th  Congress,  1st  session.  Senate  report  no.  JfB,  parts  1 
and  2.) 

Vol.  1.  Eeport,  with  appendix.     Vol.  2.  Testimony. 

Select  committee  on  transportation  routes  to  tJie 

seaboard.     Report  with  appendix  and  evidence.     April  24, 
1S74. 
Washington:  Government  printing  office.,  187 It..     2  vols.     8^. 
{43d  Congress,  1st  session.     Senate  report  no.  307.) 

Vol.  1,  pp.  79-108  contain  "The  constitutional  power  of  Congress 
to  regulate  commerce  among  the  several  states:  A.  The  i^owers 
of  the  national  government  derived  directly  from  the  people;  B. 
The  nature  and  extent  of  the  pov/ers  granted  by  the  people  to 
Congress;  C.  Rule  by  which  this  power  is  to  be  construed;  D. 
Judicial  construction  of  the  words,  '  Power  to  regulate  commerce 
among  the  several  states;'  E.  This  power  extends  to  land  as  well 
as  to  water;  F.  'The  power  to  regulate'  includes  the  power  to 
facilitate  as  well  as  to  disburden  commerce;  G.  Acts  of  Congress 
regulating  railways;  H.  State  charters  do  not  interfere  with  the 
exercise  of  this  power;  J.  The  grant  of  auxiliary  powers  confers 
upon  Congress  a  choice  of  means,  and  does  not  confine  it  to  such 
means  as  are  indispensabh'  necessary;  K.  The  degree  of  necessity 
for  the  employment  of  any  particular  means  will  not  be  intpiired 
into  by  the  courts,  but  must  be  left  to  the  discretion  of  Congress; 
L.  Power  to  appropriate  money  for  internal  improvements;  ]\I. 
Power  to  incorporate  a  company  for  the  purpose  of  constructing  a 
railway  or  canal;  N.  National  right  of  eminent  domain  within  a 
state."' 

40th  Congress,  2d  session.     House  report  no.  57.     Regulation 

and  control  of  railroads.     Report  from  the  Committee  on 
roads  and  canals.     June  9,  1868.     20  pp.     8". 

"The  report  is  noteworthy  for  the  strong  ground  it  took  in  favor  of 
the  widest  interpretation  of  the  powers  of  Congress  in  the  matter 
of  the  regulation  of  the  railway  traffic.  Indeed,  the  whole  report 
was  devoted  to  an  argument  on  the  question  whether  Congress 
had  this  power  under  the  constitution,  only  the  last  paragraph 
containing  anything  about  the  expediency  of  Congress  taking 
any  steps  in  the  direction  of  exercising  this  power.  The  report 
of  the  majority,  which  only  embraced  some  seven  and  one-half 
pages,  was  a  masterly  presentation  of  the  view  that  the  federal 
government  had  the  broadest  power  in  the  premises,  and  insisting 
that  it  would  surely,  in  the  course  of  time,  be  obliged  to  exercise 
the  power.  Their  answer,  in  brief,  to  the  questions  which  they 
were  instructed  to  investigate,  was  that  Congress  had  full  power 
to  provide  for  the  safety  of  passengers,  for  uniform  and  etiuitable 
rates  of  fare,  for  uniform  and  equitable  rates  of  freight,  and  for 
proper  connections  with  other  railroads  in  regard  to  all  railways 
engaged  in  interstate  traffic,  but  that  they  were  not  ready  to  offer 


LIST    OF    REFERENCES    ON    FEDERAL    CONTROL  21 

any  bill  to  secure  these  objects,  l)ecause  they  had  not  the  neces- 
sary information  to  enable  them  to  make  intelligent  recommemla- 
tions."  E.  J.  James.  "  The  agitation  for  the  federal  regulation  of 
railways. ' ' 

United  States.  J.^/A  Congress^  '2d  session.  Senate  document  no.  115. 
Letter  from  the  Interstate  commerce  commission,  transmit- 
ting the  oral  testimony  taken  by  the  Interstate  commerce 
commission  in  the  investigation  of  grain  rates  at  ^Missouri 
river  points.     Februar}^  8,  1897.     531pp.     8^. 

o7th  Congress.,  "2d  session.     Senate  document  no,  73.     Reply 

of  the  Attorney -general  dated  Januar}'  3,  1903,  to  a  com- 
munication dated  December  20, 1902,  from  the  Hon.  George 
F.  Hoar,  chairman  of  the  Committee  on  the  judiciarv, United 
States  Senate.  Sherman  anti-trust  law,  and  list  of  decisions 
relating  thereto.  Also  an  address  delivered  bj'^  Philander  C. 
Knox  on  the  commerce  clause  of  the  Constitution  and  the 
trust,  at  Pittsburg,  Pa.,  October  14,  1902. 
Washington:    Government  jprinting  office.,  1903.     bO  pp.     8-. 

Senate  document  no.  207.     Letter  from  the  chairman 


of  the  Interstate  commerce  commission,  transmitting  a 
report  showing  rates  tiled  with  said  connuission  by  com- 
mon carriers  subject  to  the  act  to  regulate  commerce  on 
import  and  domestic  traffic  of  like  kind  carried  between 
ports  of  entry  in  the  United  States  to  interior  points  which 
show  material  differences,  if  any,  in  favor  of  through  sliip- 
ments  of  imported  articles,  etc.  \  also  showing  actual  rates 
applied  during  the  tirst  six  months  of  1902  on  import  and 
domestic  traffic  as  distinguished  from  the  published  or 
tariff  rates,  etc.     March  2,  1903.     34  pp.     8. 

Industrial  commission.     Keports. 

Washington:  Government  printing  office^  1900-1902.     19  vols. 
Maps.     Facsimiles.      Tahles.      Diagrams.     8-. 

Vols.  4  and  9  are  devoted  to  transportation  and  include  evidence 
on  the  government  ownership  of  railroads.  The  same  subject  is 
also  discussed  in  vols.  12  and  17,  while  material  on  the  govern- 
ment ownership  of  telegraphs  and  telephones  is  printed  in  vols. 
9,  12,  14,  17.  In  the  final  rei)ort  of  the  Commission,  vol.  19,  pp. 
481-484,  recommendations  on  the  subject  of  transportation  are 
made,  which  include  one  for  the  revival  and  strengthening  of 
the  policy  of  government  supervision  and  control  of  railroads,  as 
originally  laid  down  in  the  Senate  committee  report  of  ISSti  and 
embodied  the  following  year  in  the  Inter^^tate-commerce  act. 

Interstate  commerce  commission.     Annual  reports.     1-1  <• 
Washington:     Government  printing    office,  1887-1903.       17 
vols.     Maps.     Tables.     8°. 


22  LIBRARY    OF    CONGRESS 

United  States.     Interdate  commerce  commission.     Railwa3\s   in    the 
United  States  in  1902.     [Pts.  ii,  iv,  v.] 
Washington:    (TOver7i7nent  privtmg  o^ce,  1903.     ,i  vols.     JfP. 
Pt.  II.   A  forty-year  review  of  changes  in  freight  tariffs.     Prepared 

by  the  auditor  of  the  coinniif?sion. 
Pt.  IV.  State  regulation  of  railways.     Prepared  by  the  statistician 

to  the  commission. 
Pt.  V.  State  taxation  of  railways  and  other  transportation  agencies. 
Prepared  by  the  statistician  to  the  commission.  Each  of  these 
parts  constitutes  a  portion  of  Appendix  G  to  the  sixteenth  annual 
report  of  the  Interstate  commerce  commission.  Parts  i  and  in 
are  not  yet  published. 

Walker,  Aldace  F.     The  amendment  of  the  interstate  commerce  law. 

{In  Compendium  of  transportation  theories,  pp.  112-120.  Wash- 
ington, D.  C,  1893.     8°.) 

Operation  of  the  interstate  commerce  law. 

{In  Forum,  vol.  11,  July,  1891,  pp.  524-540.) 

Whitney,  Edward  B.     Commercial  retaliation  between  the  states. 
{In  American  law  review,  vol.  19,  Jan. -Feb.,  1885,  pp.  62-72.) 

Wilgus,  Horace  La  Fayette.     A  national  incorporation  law.     i.  Need 
of  a  national  incorporation  law.     ii.  A  proposed  national 
incorporation  law. 
[Ami  Arbor,  Mich.,  1901^.]     ISJ^pp.     8^. 
Cover-title. 
"  Reprinted  from  Michigan  law  review,  February  and  April,  1904." 

WiUoughby,  Westel  Woodbury,     The  American  constitutional  sys- 
tem; an  introduction  to  the  study  of  the  American  state. 
JVew  York:   The  Centiii'y  co.^WOlf..    xvi,323p2).     12'^.     {The 
American  state  series.) 

"The  supremacy  of  federal  law,"  pp.  100-110;  "  Federal  control  of 
state  governments,"  pp.  111-121;  "  Federal  and  state  autonomy," 
pp.  122-134;  "  Federal  and  state  powers,"  pji.  135-153;  "  Federal 
suj)ervision  of  state  duties,"  pp.  180-189. 

Wintersteen,  A.  H.     The  commerce  clause  and  the  state. 

{Ill  American  law  register,  n.  s.,  vol.  28,  Dec,  1889,  pp.  733-747.) 

o 


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